TBC GLBT Crime & Justice News

Dog Mauling Trial Begins Day 1: 2/19/02

Trial of Owners of Dogs that Attacked and Mauled Diane Whipple to Death

Photo Credit Court TV

Robert Noel Marjorie Knoller

Defense Attorney Lead Prosecutor Defense Attorney

Bruce Hotchkiss James Hammer Nedra Ruiz

Lead prosecutor James Hammer

Opening Statements: Video Clip (37:39)

Marjorie Knoller Robert Noel

Opening arguments began Tuesday for a San Francisco couple

facing murder charges after their dog mauled a neighbor to death.

Emotional openings kick off dog maul trial

By Rochelle Steinhaus
Court TV

Passionate opening statements, gruesome photos and conflicting accounts of a deadly 12-minute attack marked the first day of the dog mauling trial of two San Francisco lawyers

Married couple Robert Noel and Marjorie Knoller are being tried in connection with the fatal Jan. 26, 2001, attack that left their 33-year-old neighbor, Diane Whipple, dead.

Passionate opening statements, gruesome photos and conflicting accounts of a deadly 12-minute attack marked the first day of the dog mauling trial of two San Francisco lawyers.

Lead prosecutor James Hammer told the jury that Knoller, 46, is guilty of murder, having done nothing before the attack to protect others from dogs she knew were dangerous — or after the attack, leaving a helpless, naked and bloody Whipple in the hallway alone without calling 911. The college lacrosse coach died hours later

Displaying graphic autopsy photographs showing numerous deep bite marks on the back of Whipple's neck, arms, back and legs, Hammer refuted Knoller's claim that she used her body as a shield in an effort to save Whipple's life.

"How does Diane Whipple get all of those wounds and every piece of clothing ripped from her body...if that woman is on top of her the whole time?" Hammer asked during his opening statement presented to the Los Angeles jury. The case was moved from San Francisco because of the extensive pretrial publicity

Knoller's defense lawyer Nedra Ruiz countered that Knoller was soaked in blood as she risked her own life to try to save Whipple. Ruiz had her own photographs to show the jury — of her client covered in blood. "The evidence will not show that Marjorie stood back and let this horrible thing happen to that beautiful girl," said Ruiz, breaking into tears. "This blood soaking occurs when you put your body on a beserko crazy dog."

In her mocha business suit, Ruiz crawled on the courtroom floor to demonstrate the defense's version of events, which paint Knoller as not a criminal but a heroine.

"No one is sorrier that Marjorie Knoller could not save Ms. Whipple than Marjorie Knoller, who risked her life trying to save Ms. Whipple," she said.

Noel's defense lawyer, Bruce Hotchkiss, said a flat tire was the reason his client wasn't near the grisly scene at the time. The burly 60-year-old defendant faces charges of manslaughter and keeping a dangerous animal stemming from allegations that he and Knoller were aware the dogs were vicious.

In his opening statement, prosecutor Hammer said both defendants had "extensive knowledge" and "received repeated warnings" that the dogs were dangerous. He said that Whipple's was not the first incident to demonstrate that Noel and Knoller's two Presa Canarios had aggressive natures, but that there were nearly 30 prior incidents of the dogs acting in an aggressive manner to passersby or neighbors.

"The evidence will show they disregarded all of those warnings and Diane Whipple is dead as a result of that," Hammer said.

Hammer also charged that the two dogs, Bane and Hera, who have since been killed, were part of a dog-raising scheme masterminded by Paul "Cornfed" Schneider, a 39-year-old prison inmate whom the defendants legally adopted three days after Whipple's attack. He detailed the bizarre relationship the married lawyers shared with him. He is serving a life sentence for attempted murder.

Before testimony began, Hotchkiss concluded his brief opening statement by telling the jury he expects prosecutors to present evidence that will showcase the couple's "unconventional lifestyle."

"Having an unconventional lifestyle does not determine guilt or innocence," he said

Both sides revealed some of the witnesses will take the stand during the trial, such as canine experts, neighbors who will testify about the dogs' behavior and the woman who initially raised Bane and Hera.

Perhaps the most unexpected revelation was confirmation that Knoller will testify.

The announcement came as a result of Ruiz's attempt to play a recording of Knoller's police interview for the jury. Although Judge James Warren wouldn't allow it, since the tape is not in evidence and would be considered hearsay, he did say that Ruiz could summarize for the jury what Knoller will testify to — if she is taking the stand.

"Ms. Knoller will definitely testify in this action," Ruiz told Warren.

Though jurors unable to hear Knoller's police statement, they did get to see the couple's interview with "Good Morning America" which was conducted prior to the couple's indictment. During the interview, Knoller denied that the dogs were vicious — along with any responsibility for the attack.

"Ms. Whipple had ample opportunity to move into her apartment," Knoller says in the video. "She could have just slammed the door shut — I would have."

Among other witnesses the jury will hear from is Esther Birkmair, a 78-year-old neighbor who prosecutors say heard the attack and even saw part of it through her peephole. While Hammer said that the elderly woman observed a dog on top of Whipple and heard the dogs pounding on her door following the attack, Ruiz maintains that Birkmair later identified the body on top of Whipple's as Knoller's. The defense also contends that it was not the dogs pounding on the door, but Knoller in a desperate call for help.

Hammer also told jurors that police arrived on the scene to find Whipple alone in the hallway with one of the dogs still running loose. But Ruiz says that Knoller had already secured both dogs inside the apartment and that, contrary to her own client's grand jury testimony, Knoller was not looking for her keys before police arrived.

While the prosecutor outlined several examples of witnesses who say the dogs were dangerous, Ruiz noted instances in which the dogs displayed obedient behavior and the couple acted as responsible dog owners.

The trial was broadcast on Court TV during opening statements, and will air live during closing arguments and the verdict. While Court TV sought to broadcast the trial in its entirety, the judge only allowed cameras in the courtroom during those three phases of the trial.

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